Circular No. 18/2021/TT-BLDTBXH stipulates working hours and rest periods for workers engaged in seasonal production activities and piecework based on orders.

CIRCULAR

Regulations on working hours and rest periods for workers engaged in seasonal production work and piecework based on orders

engaged in seasonal production work and piecework based on orders

------------

Pursuant to Clause 2, Article 68 of Decree No. 145/2020/NĐ-CP dated December 14, 2020 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on labor conditions and labor relations;

Pursuant to Decree No.14/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

At the proposal of the Director of the Occupational Safety and Health Inspectorate;

The Minister of Labor, Invalids, and Social Affairs issues this Circular regulating working hours and rest periods for workers engaged in seasonal production work and piecework based on orders.

Article 1. Scope of Regulation

This Circular regulates the establishment of plans and the organization of implementation of working hours and rest periods for workers engaged in seasonal production work and piecework based on orders.

Article 2. Applicability

1. Workers who work under fixed-term employment contracts with a term of from twelve months to thirty-six months and indefinite-term employment contracts shall perform the following work:

a) Seasonal production work in agriculture, forestry, fisheries, and salt industry, which requires immediate harvesting or immediate processing after harvesting without long-term storage;

b) Piecework based on orders, dependent on the time the customer requests.

2. Employers as prescribed in Clause 2, Article 3 of the Labor Code shall employ workers to perform the work specified in Clause 1 of this Article.

Article 3. Standard annual working hour quota

T_{Article 24} = [T_{N |||} - (T_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} + T_{session number} + T_L)] x t_{For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.} (hours)

Where:

- T_{Article 24}: Standard annual working hour quota of the worker;

- T_{N |||}: Total number of days in a year according to the Gregorian calendar, which is 365 days or 366 days if it is a leap year;

- T_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}: Total number of weekly rest days in a year determined according to Article 111 of the Labor Code;

- T_{session number}: Number of annual leave days being 12, 14, or 16 days and increased according to years of service as provided for in Articles 113 and 114 of the Labor Code and Article 66 of Decree No. 145/2020/NĐ-CP dated December 14, 2020 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on labor conditions and labor relations

- T_L: Number of public holidays in a year being 11 days as provided for in Article 112 of the Labor Code.

- t_{For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.}: Normal working hours in a day being eight hours as provided for in Article 105 of the Labor Code.

Article 4. Establishing a plan to determine standard daily working hours

Annually, based on the standard annual working hour quota (TQ) calculated according to the guidance in Article 3 of this Circular, employers establish a plan to determine the standard daily working hours of workers as follows:

1. Working day with standard working hours of eight hours.

2. Working day with standard working hours more than eight hours but not exceeding twelve hours.

3. Working day with standard working hours from four hours to less than eight hours

4. Full-day off.

Article 5. Principles for using the standard annual working hour quota

1. In a year, the total number of standard working hours planned according to the guidance in Article 4 of this Circular (including rest periods within the day counted as working hours) shall not exceed the standard annual working hour quota (TQ) determined in Article 3 of this Circular.

2. If the standard daily working hours are less than eight hours and have been planned according to the guidance provided in Clauses 3 and 4 of Article 4 of this Circular, then the employer does not need to pay wages for non-working time to the worker.

3. If the standard daily working hours have been planned but are not arranged for the worker to work in reality, then the employer must pay wages for non-working time to the worker.

4. If the standard daily working hours are more than eight hours and have been determined in the plan in Clause 2 of Article 4 of this Circular, then the excess hours shall not be considered as overtime hours.

5. If the actual daily working hours exceed the planned standard working hours according to the guidance in Article 4 of this Circular, then those excess hours shall be considered as overtime hours, and the employer must pay overtime wages and implement related overtime policies for the worker in accordance with the provisions of the Labor Code.

Article 6. Standard daily working hours and overtime hours limit

1. The total number of standard working hours and overtime hours in one day shall not exceed 12 hours.

2. The limits on standard working hours and overtime hours per week and month are stipulated as follows:

a) The total number of standard working hours and overtime hours in one week shall not exceed 72 hours.

b) The total number of overtime hours in one month shall not exceed 40 hours.

c) The employer decides to choose to apply either the provision at point a or the provision at point b of this clause, record it in the annual work schedule and rest time plan as prescribed in Clause 2, Article 8 of this Circular.

3. The total number of overtime hours for each worker in one year shall not exceed 300 hours.

Article 7. Rest Time

1. Weekly, workers are entitled to at least one day off (24 consecutive hours). During peak months or when urgent export orders require increased production, if weekly rest cannot be provided, then at least four days off must be guaranteed for workers in a month.

2. Rest during working hours and shift change rest for each worker shall be implemented according to the Labor Code and Decree No. 145/2020/NĐ-CP.

3. Employers must arrange for workers to have holidays, annual leave, and other paid rest days; shorten working hours and ensure rest time for female workers, underage workers, and elderly workers; decide on unpaid leave in accordance with the provisions of the Labor Code.

Article 8. Responsibilities of Employers

1. Based on production and business plans, annually proactively decide to implement regular working hours and rest time systems as prescribed in the Labor Code or apply the working hours system stipulated in this Circular.

2. In cases where the decision is made to implement the working hours and rest time system as prescribed in this Circular, the following must be fully carried out:

a) Establish and adjust the annual work schedule and rest time plan according to the model attached as Appendix 1 of this Circular. When establishing and adjusting the plan, opinions of the representative organizations of workers at the workplace must be consulted. Refer to examples in Appendix 2 attached to this Circular during the process of building and implementing the work schedule and rest time plan;

b) Announce the plan, adjusted work schedule, and rest time within the enterprise, agency, organization, cooperative, household, or individual so that workers are aware, at least 30 days before implementation; agree with workers when working overtime according to the Labor Code;

c) Pay wages to workers according to labor contracts and wage regulations under labor laws;

d) Report annually to the Department of Labor, Invalids, and Social Affairs of the locality about the implementation of this Circular in the report on occupational safety and health work.

Article 9. Responsibilities of the Department of Labor, Invalids, and Social Affairs

1. Coordinate with relevant agencies to disseminate and guide enterprises, production and business establishments located in the area about this Circular.

2. Regularly urge, supervise, inspect, and audit the implementation of regulations on working hours and rest time at enterprises, production and business establishments, and handle violations according to labor laws.

3. Report annually to the Ministry of Labor, Invalids, and Social Affairs on the implementation of this Circular by enterprises, agencies, organizations, cooperatives, households, and individuals located in the area together with the occupational safety and health work report.

Article 10. Effective Date

1. This Circular takes effect from February 1, 2022.

2. Circular No. 54/2015/TT-BLĐTBXH dated December 16, 2015, issued by the Minister of Labor, Invalids, and Social Affairs guiding working hours and rest time for workers engaged in seasonal production jobs and piecework production according to orders ceases to be effective from the date this Circular takes effect.

3. If any issues arise during implementation, please reflect them to the Ministry of Labor, Invalids, and Social Affairs for research and resolution./.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX 1

MODEL OF ANNUAL WORK SCHEDULE AND REST TIME PLAN
(Attached to Circular No. 18/2021/TT-BLĐTBXH dated December 15, 2021, issued by the Minister of Labor, Invalids, and Social Affairs)MANAGEMENT AUTHORITY (1)

 

PLAN

WORKING HOURS AND REST PERIODS

- Name

- Industry and trade⁽²⁾:........................................................................................................................

- Nature of business activities⁽³⁾:............................................................................

1. Annual standard working hour quota for one worker working under normal conditions in the year...⁽⁴⁾.................................................................

2. Selection of weekly/monthly overtime hours limit:

T_{Article 24} =

3. Plan for allocating the annual standard working hour quota:

Daily standard working hours

 

 

Direct superior management authority (1):

- • Record the name of the parent company or economic group if it is a member of a corporate group;

• Record the name of the Holding Company if it is a unit under the Holding Company;

• Record the name of the Department, Bureau, or Agency if it is under a local Department, Bureau, or Agency;

• Record the name of the Ministry or equivalent ministry in charge if it is under a Ministry or equivalent ministry;

• Leave blank if it does not fall into any of the above categories.

Name (2) and industry (3):

- Fill in according to the Business Registration CertificateNature of business activities (4):

- Specify the category falling under Point a, b Clause 1 Article 2 of this CircularEXAMPLES OF WORKING HOURS AND REST TIME FOR WORKERS ENGAGED IN SEASONAL PRODUCTION JOBS AND PIECEWORK PRODUCTION ACCORDING TO ORDERS

 

 

 

 

ANNEX 2

(Attached to Circular No. 18/2021/TT-BLĐTBXH dated December 15, 2021, issued by the Minister of Labor, Invalids, and Social Affairs)
(Kèm theo ThI. Example of annual work schedule and rest time planning for a company Example 1 - Calculation of T

of Company X

Number of days in 2021 (Gregorian calendar)_{Article 24}Total weekly rest days in 2021

Therefore, the standard working hour fund for company X in 2021 is 2320 hours.

Example 2 - Creating a work schedule plan for working hours and rest time in 2021 for Company X (according to the model in Appendix 1)

II. Example of creating a plan to determine the standard daily working hours for employees

Example3: Worker A has worked for 15 years under normal working conditions for company X. The standard working hour fund for worker A in 2021 is calculated as follows:

Annual leave days for worker A are:= 15 days

Of which: 12 days are determined according to Article 113 of the Labor Code; 15/5 is the additional number of days off based on seniority as stipulated in Article 114 of the Labor Code.

Create the following calculation table:

Therefore, the standard working hour fund for worker A in 2021 is 2296 hours.

Example 4: Worker B works in a particularly arduous occupation for company Y for 15 years. The standard working hour fund for worker B in 2021 is calculated as follows:

Annual leave days for worker B are: 16+= 19 days

Of which: 16 days are determined according to Article 113 of the Labor Code; 15/5 is the additional number of days off based on seniority as stipulated in Article 114 of the Labor Code.

Create the following calculation table:

Therefore, the standard working hour fund for worker B in 2021 is 1698 hours.

Example5: According to example 3, worker A has a standard working hour fund of 2296 hours in 2021. Company X allocates the standard daily working hours for worker A in 2021 as follows:

III. Example of principles for using the standard working hour fund

Example6: In February, company X arranges for worker A to work 7 hours/day for 8 working days, then gives 11 consecutive days off. The company implements this according to the plan set out in example 3 above, thus:

- The number of hours worked less than the 8-hour standard working day is:

8 hours - 7 hours = 1 hour; this 1 hour does not require payment for downtime;

- The number of downtime days is 11 days, which also does not require payment for downtime.

Example7: In March, due to business production circumstances, company X arranges for worker A to work 5 hours/day for 13 working days, then gives 14 consecutive days off. Thus, compared with the plan established by the company for worker A in March as stated in example 3 above, it is as follows:

- The actual number of hours worked is less than the standard daily working hours by:

7 hours - 5 hours = 2 hours; these 2 hours require payment for downtime;

- The number of downtime days compared to the plan is 14 days; these 14 days require payment for downtime.

Example8: In September, company X arranges for worker A to work 8 hours/day. Compared with the plan established by the company for worker A in September as stated in example 5 above, the number of hours worked exceeds the standard daily working hours by: 8 hours - 6 hours = 2 hours; these 2 hours are counted towards the total number of overtime hours, and company X must pay wages and implement other regulations related to overtime work as prescribed.

Example9: In October, company X arranges for worker A to work 10 hours from Monday to Friday, 8 hours on Saturday each week according to the company's plan as stated in example 3 above. The number of hours worked exceeds the standard 8-hour working day by:

10 hours - 8 hours = 2 hours; these 2 hours are not considered overtime hours.

IV. Example of limits on standard daily working hours and overtime hours

Example10: Due to urgent requirements, in May and June, company X has the need for overtime work. The company has registered the monthly limit on overtime hours. The company may arrange overtime work for worker A as follows:

- From Monday to Saturday, working 12 hours per day.

- In May, 33 hours of overtime; in June, 30 hours of overtime.